O'Farrell keeps Jason Gordon murder case

Wednesday

Jan 19, 2011 at 12:01 AMJan 19, 2011 at 7:04 PM

Tuscarawas County Common Pleas Court Judge Edward O’Farrell will preside over the trial of Jason L. Gordon of Dover, who is charged with murder in the death of his girlfriend, Gina Harper. O’Farrell issued a journal entry Tuesday stating that he will become the judge in the case after Judge Elizabeth Lehigh Thomakos recused herself.

Lee Morrison

Tuscarawas County Common Pleas Court Judge Edward O’Farrell will preside over the trial of Jason L. Gordon of Dover, who is charged with murder in the death of his girlfriend, Gina Harper.

O’Farrell issued a journal entry Tuesday stating that he will become the judge in the case after Judge Elizabeth Lehigh Thomakos recused herself during a hearing Thursday. He also stated that the jury trial date of May 4 at 9 a.m. will remain the same.

O’Farrell could have asked the Ohio Supreme Court to appoint a visiting judge.

Gordon, 39, has pleaded not guilty by reason of insanity. He has been indicted by a county grand jury on charges of murder, felonious assault and tampering with evidence that stem from the Sept. 5 beating death of Harper, 33, at the couple’s residence at 316 E. Third St., Dover. He remains in county jail without bail, where he has been since Sept. 5, when he was arrested in Cleveland.

O’Farrell also ruled on several pending motions. He overruled motions to close pretrial hearings to the media and public; and for a juror questionnaire that would have required potential jurors to answer written questions prior to being queried by attorneys and the judge during the jury selection process. He partially overruled motions that would permit Gordon to appear at all court hearings in civilian clothing instead of his inmate uniform and without restraints. Gordon must continue to wear his jail uniform and restraints at court hearings. He can be without restraints and wear civilian clothes during his trial.

The judge granted a motion to extend the time limit to file motions as requested by defense attorneys. All pre-trial motions must be filed no later than 4:30 p.m. on April 25.

In another development Tuesday, county Prosecutor Ryan Styer filed a motion asking O’Farrell to “order a sanity evaluation of the defendant’s mental condition at the time of the offense, to be completed by the Forensic Diagnostic Center, District IX, at Byesville” concerning Gordon’s plea of not guilty by reason of insanity. O’Farrell is asked to rule on the motion without requiring a hearing and oral arguments by attorneys.

When defense attorney Elizabeth Kelley of Cleveland entered the not guilty by reason of insanity plea on Gordon’s behalf Thursday, she said she has a doctor evaluating his mental health. Gordon can withdraw the insanity plea after receiving the report from the evaluation process. Kelley, who said Gordon has a history of mental illness, has said that evaluation process could take about a month. Gordon’s family is paying for that evaluation.

Styer said that “in cases involving the insanity defense, state doctors routinely examine the defendant with regard to those issues. Our motion asks that the process begins on behalf of the state.” Taxpayers will pay for the state evaluation.

Kelley said Tuesday she did not oppose Styer’s motion to have a state’s expert examine Gordon.

“Both of us want to do the utmost to represent, respectively, the state and Jason Gordon,” Kelley said. “The more information that the court has regarding his psychological condition at the time of the incident, the better.”

The prosecutor said Tuesday that he is “pleased that the case is still on track for the jury trial” to begin May 4 as scheduled.

That date had been set for Judge Thomakos, who stepped down from the case citing the potential appearance of impropriety because her brother, Brian T. Lehigh, was involved in a business with Gordon. The parents of Lehigh and Gordon also reside near each other on the same street in Dover. Thomakos said even though she believes she could make impartial decisions, it might not appear that way to the outside world.

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